Dissolution of Accounting Partnership
Represented senior partner in arbitration concerning dissolution of partnership resulting in seven-figure award for senior partner.
Defense of Fraud and Embezzlement
Represented certain members of a family against allegations that they defrauded other family members out of the proceeds of a medical malpractice settlement over the course of many years.
Disputes Concerning Purchase of Unsold Co-op Shares
Represented major developer in a series of suits concerning the developer’s attempted purchase of a large block of unsold co-op shares worth over $200 million, the usurpation of that opportunity by an erstwhile joint venture partner, and a real estate broker’s subsequent attempts to collect a fee in connection with the transaction resulting in a net payment of millions of dollars to the developer.
Resolved dispute on summary judgment concerning developer’s failure to pay contractor for construction work and successfully collected the debt from developer during the developer’s subsequent bankruptcy action.
Contract Dispute Concerning Sale of Factory
Represented the seller of a factory in connection with claims for promissory estoppel and breach of contract resulting in seven-figure award after trial in favor of seller in New York.
Real Property Partnership Dispute
Represented four limited partnerships in derivative action alleging that four separate apartment complexes in Manhattan were sold to an insider for less than fair market value in breach of the general partners’ fiduciary duties, resulting in global settlement reimbursing limited partners for their losses.
$19.5 Million Verdict in Complex Business Fraud Case
Secured a $19.5 million verdict for a prominent Miami physician and part owner of a family drywall business in Colombia, in a two-week jury trial regarding attempts to deprive the client of his 33.33% interest in the business.
Acted for Former Premiership Footballer in Claim Against Agent, Barrister
Acted for a former premiership footballer in claim against his former agent and barrister to recover ownership of a company which had been misappropriated.
Lead Trial Counsel in Landmark "Traffic Pumping" Lawsuits
Lead trial counsel for a telecommunications company in a series of traffic pumping lawsuits in federal courts and regulatory bodies throughout the country. Tried the first case of its kind on the subject, in which the Iowa Utilities Board entered a decision for the client on all issues and found traffic pumping was an unjust and unreasonable practice contrary to the public interest. The case was affirmed on appeal. The decision caused the FCC to issue rules codifying the decision and, in the process, closed a multi-billion loophole.
Dismissal of $1 Billion Class Action Claim
Trial Counsel in $240 Million Suit for College Brought By Colorado Attorney General
Served as counsel in a first-of-its-kind, five-day preliminary injunction hearing, winning a complete victory for a large career college, in which the Colorado Attorney General’s office sought 21 separate, broad injunctions. Subsequently tried a four-week bench trial against consumer protection and lending claims where the Colorado Attorney General sought $240 million. The decision limited the State’s relief to $3 million, which was reversed and remanded by the Court of Appeals.
Advised on Division of Multinational Business Including Parallel Proceedings in the U.K. and U.S.
Advised on a high-value dispute concerning the division of a multinational business (with parallel proceedings in the High Court in London and across the U.S.).
Representation of Pharma Company in Breach of Contract Case
Represented a major pharmaceutical company as part of trial team in a breach of contract suit litigated over five days before the Delaware Court of Chancery.
Dismissal in Consumer Class Action Lawsuit for Sporting Goods Retailer
Secured the dismissal of a consumer protection and class action lawsuit against a major sporting goods and outdoor equipment retailer filed in the U.S. District Court for the Western District of Missouri. The matter specifically involved claims of alleged violation of the Missouri Merchandising Practices Act, unjust enrichment, and violation of consumer protection laws in 21 other states. The plaintiff sought to represent a nationwide class of customers seeking millions of dollars in damages for alleged violations of various states consumer protection statutes. The court granted the client’s motion to dismiss, and the plaintiff did not appeal or seek leave to amend.
Significant Victory in Multimillion-Dollar National Class Action for Men’s Retailer
Secured a significant victory for a men’s clothing retailer on a motion for summary judgment in U.S. District Court for the District of Maryland. The plaintiffs alleged that certain sales promotions were deceptive and sought certification of a California class, potentially exposing our client to hundreds of millions of dollars in damages. The Court dismissed the lawsuit finding that plaintiffs could not establish that the marketing campaign caused them damage. Earlier, the Court had dismissed requests to certify a nationwide class and a Maryland subclass for similar reasons.
Class Action in Large IoT Liability Case for Plaintiff Against Automotive Manufacturer
Serves as lead counsel for three certified plaintiffs’ classes totaling an estimated 400,000 to 500,000, in a case alleging that various cars and trucks suffer from a series of cybersecurity defects that render the vehicles susceptible to being hacked in a way that would allow the hacker to remotely control the vehicles’ operational and safety systems, including acceleration, braking, steering and ignition. Claims include breach of warranty and violations of various states’ consumer protection statutes.
Successfully Defended Pet Food Brand in Misappropriation of Trade Secrets Case
Successfully defended a pet food company against misappropriation of trade secrets claims. Two of the plaintiff’s employees were terminated by the plaintiff and went on to work for a competitor after developing a new type of packaging to supply to our client. At the same time, the competitor was in the process of developing replacement packaging to supply to our client. Our client moved its business to the competitor and the plaintiff filed suit in U.S. District Court for the Western District of Missouri against our client, the two former employees and the competitor. Armstrong Teasdale defended the lawsuit by, among other things, challenging the plaintiff’s characterization of the allegedly misappropriated information as trade secrets. At mediation, the plaintiff agreed to settlement by dropping its claims and requesting a nominal payment from our client pursuant to a raw materials agreement for materials not used by the plaintiff before the relationship was terminated.
$8.3 Million Verdict for Client in Business Negligence Case
Tried a complex contract and tort lawsuit in District Court for the Eastern District of Missouri on behalf of plaintiff garment design company whose building was destroyed after a natural gas explosion. Obtained an $8.3 million verdict for clients after a seven-day trial. Verdict was ranked the #25 plaintiff win in Missouri in 2017.
Significant Settlement in Adversary Proceeding for Telecommunications Company
Brought an action on behalf of a telecommunications client to avoid fraudulent transfers in Bankruptcy Court for the U.S. District of Nevada. The defendants had received millions of dollars in transfers from an entity they owned and operated which was being sued in a related proceeding. Obtained a multimillion-dollar settlement in an adversary proceeding on the eve of trial, wherein we sought to avoid hundreds of fraudulent conveyances after the debtor claimed only $30 in assets.
Successfully Defended Packaging Company in Breach of Contract Case Following Acquisition
Successfully defended a packaging company against the alleged breach of a supply agreement entered into following the acquisition of a plastics manufacturing business from the plaintiff. Following the sale, the plaintiff continued to sell a specialty product, which would be manufactured by our client, and sought return of certain equipment used for its production. The suit was filed in state court in North Carolina, removed to federal court in North Carolina, then further transferred to U.S. District Court for the Eastern District of Missouri. Our client filed counterclaims and third-party claims for fraud in connection with the supply agreement. Our client filed a separate action for fraud in connection with the sale of the plastics manufacturing business against the plaintiff and its principals in U.S. District Court for the District of Delaware. All claims were resolved after mediation for a nominal payment and non-monetary terms.
Trial Win for Telecommunications Client on Tortious Interference Claims
Won at two-week trial for a major telecommunications company in the U.S. District Court for the District of Minnesota on tortious interference claims against an entity that had conspired with a local telephone company to engage in a traffic pumping scheme. The judgment entered in our client's favor approximated $2 million, and the Eighth Circuit affirmed the decision.
Represented Clinical Commercial Laboratories in Series of Claims
Represented a series of clinical commercial laboratories in a lawsuit against a publicly traded instrument manufacturer on claims for breach of warranty, fraudulent misrepresentation and omission, and violations of various consumer protection laws. Plaintiffs seek tens of millions of dollars in damages. Trial is scheduled for 2019.
Resolution in Corporate Control Dispute Involving LLC
Successfully compelled defendant to resolve a corporate control dispute concerning a limited liability corporation (LLC). We filed suit on behalf of our client to invalidate a sweetheart lease and undo other self-dealing transactions by the manager of the LLC, as well as dissolve the LLC. Following a year of litigation, the manager purchased the client's interest in the LLC on very good terms for the client.
Settlement in Real Estate Lease Dispute
Obtained a significant monetary settlement in a massive real estate lease dispute involving tens of millions of dollars. In the process, the firm was able to pierce a triple net lease through allegations of sham transactions and alter ego liability.